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(영문) 의정부지방법원 2016.09.09 2016나3677
사해행위취소 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 29, 200 won at par value of 15,00,00 won from D, issuer C, payee D, date of issuance on December 31, 2006, and date of payment on June 30, 2009; the place of issuance and payment; one promissory note as Seoul Metropolitan Government at each payment place; the issuer, issuer, payee D, date of issuance on September 30, 2009; and one promissory note as Seoul Metropolitan Government at face value of 5,000,000 won at face value on September 30, 2009; the issuer, C; D; date of issuance and payment on December 30, 206; the date of payment on June 29, 2009; and each place of payment are possessed by endorsement.

(hereinafter referred to as “each of the Promissory Notes in this case”). B.

On April 28, 2010, the Plaintiff filed a lawsuit against C for the payment of promissory notes with the Seoul Central District Court Decision 2009 Ghana312749, and sentenced on April 28, 2010, that “C shall pay to the Plaintiff 20 million won and 5% per annum from July 1, 2009 to April 13, 2010, and 20% per annum from the next day to the date of full payment.”

C filed subsequent appeal against the above judgment, and in the case of Promissory Notes No. 2014Na38424, the Seoul Central District Court rendered a final and conclusive judgment that “C shall pay to the Plaintiff 20 million won and 5% per annum from April 14, 2010 to November 27, 2014, and 20% per annum from the following day to the date of complete payment” (hereinafter “related judgment”).

C. Meanwhile, the defendant is C's spouse.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 4, and 5-1, 8 (including branch numbers for those with numbers)

2. The plaintiff's assertion

A. around December 2006, C borrowed KRW 20,000,00 from D to C Defendant’s husband and wife in Eunpyeong-gu Seoul, under the pretext of the cost of expanding their residence, and issued each of the Promissory Notes to D for the payment of borrowed money.

C donated the above KRW 20,00,000 to the defendant, and the defendant used it as the cost of extension of the above residence.

B. The Plaintiff’s each of the instant promissory notes from D.

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